The Newberry herald and news. (Newberry, S.C.) 1884-1903, 1887-05-12
THE RIGHTS OLA SETTLER.

THE RIGHTS OF A SETTLER.
Public Lands are for the Use Of the
People.
WASHINGTON, April 27.-The Pres
ident has sent to the secretary OF the
interior the. following letters in rela.
ton to the controversy between Gull
ford Miller, q settler, and 8 railroad
corporation, involving the question
of ownership of certain lands:
EXECUTIVE MANSION, I
WAsHINGToS, April 25, 1887. !
Dear Sir have examined with
much care and interest the question
involved in the conflicting claims of
Guilford Miller and the Northern
Pacific Railroad Company to certain
public la1d in Washington Territory.
The legal aspects of the case have
been exsf1ined and passed upon by
several officers of the government,
who do not agree in their conclusions.
Miller claims to be settler upon
the land in question, whose possess
sion dates from 1878. He alleges
that he has made substantial improve
ments upon this land and cultivated
the same, and it appears that he filed
his claim to the same, under the
homestead law, on the goth day of
December, 1884.
The railroad company contends
that this land is within the territory
or area from which it was entitled to
select such quantity Of public land
as might be necessary to supply any
deficiency that should be found to
exist in the specified land mentioned
in grant by the Government to said
company in aid Of the construction
of the road, such a deficiency being
contemplated as likely to arise from
the paramount right of private par
ties and settlers within the territory
embracing said granted lands, and
that the land in dispute was thus Sc
lected by the company on the 18th
day of december, 1888.
A large tract, including this land,
was Withdrawn, By an order Of the in
terror department, from sale and
from pre.emption and homestead
entry in 1872, in anticipation of the
construction of said railroad and 8
deficiency in its granted lands. In
1880, upon the filing Of a map OF def
mite location of the road, the land in
controversy and much more which
had been SO withdrawn, was found to
lie outside of the limits which inclu-
ded the granted lands, but its with
drawsl and reservation from settle
ment and entry under our land laws
was continued upon the theory that
it was within the limits of indemnity
land, which might be selected by the
company as provided in the law max
ing the grant.
The legal points in the controversy
turned upon the validity and effect
of the withdrawal and reservation Of
this land snd the continuance there
of. The attorney general is of the
opinion that such withdrawal and
reservation were at all times efectua!, :,
and that they operated to prevent
Miller from acquiring any interest or
right to the land claimed by him.
With this Interpretation of the law,
and the former orders and action of
the interior department, it will he
seen that their effort has been the
withdrawal and reservation since
1872 of thousands, if not millions, of
acres OF these lands from the opera
tion of the land laws Of the United
states, thus placing them beyond
the reach Of our citizens desiring un-
der such laws to settle and make
homes upon the same, and that this
has heen done for the benefit of q
railroad company having no fixed,
certain, or definite interests in such
lands. In this manner the benefcent
policy and intention of the Govern
ment in relation to the public domain
have for all these years to that extent
been thwarted.
There seems to be no evidence pre-
sented showing how much, if any, Of
this vast tract is necessary for the
ful6llment Of the grant to the rail-
road company, nor does there appear
to be any limitation of the time with
in which this fact should be made
known and the corporation obliged
to make it's selection. After 8 lapse
of fifteen years this large body of the
public domain is still held in reserve,
to the exclusion Of settlers, for the
convenience ofa corporate beneficiary
of the Government, and awaiting its
selection, though it is entirely certain